Store policy

ONLINE STORE TERMS AND CONDITIONS

 

WWW.M-POLEDANCE.PL 

 

§ 1

GENERAL PROVISIONS

1. The www.m-poledance.pl Store operates under the rules set out in these Terms and Conditions.

2. These Terms and Conditions define the rules for concluding and terminating Product Sales Agreements, the complaint procedure, as well as the types and scope of electronic services provided by the www.m-poledance.pl Store, the rules for providing these services, and the conditions for concluding and terminating agreements for the provision of electronic services.

3. Each Service Recipient, upon taking actions aimed at using the Electronic Services of the www.m-poledance.pl Store, is obliged to comply with the provisions of these Terms and Conditions.

4. In matters not regulated by these Terms and Conditions, the following provisions shall apply:

4.1. the Act on the Provision of Electronic Services of 18 July 2002,

4.2. the Consumer Rights Act of 30 May 2014,

4.3. the Act on Out-of-Court Resolution of Consumer Disputes of 23 September 2016,

4.4. the Civil Code Act of 23 April 1964,

4.5. and other applicable provisions of Polish law.

 

§ 2

DEFINITIONS CONTAINED IN THE TERMS AND CONDITIONS

1. TERMS AND CONDITIONS – these Terms and Conditions of the Store.

2. STORE – the online store of the Service Provider operating at www.m-poledance.pl

3. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Store.

4. CHAT – an Electronic Service made available by the Service Provider to Service Recipients enabling conversations between the Service Provider and Service Recipients and quick contact with the Service Provider.

5. REGISTRATION FORM – a form available on the website www.m-poledance.pl enabling the creation of an Account.

6. ACCOUNT – a set of resources in the Service Provider’s ICT system identified by an individual name (login) and password, in which the Service Recipient’s data, including information about placed Orders, are collected.

7. ORDER FORM – a form available on the website www.m-poledance.pl enabling the placement of an Order.

8. REVIEW SYSTEM – an Electronic Service made available to Customers by the Service Provider, enabling the posting of Product reviews.

9. NEWSLETTER – an Electronic Service allowing the Service Recipient to subscribe and receive free information regarding Products available in the Store to the e-mail address provided by the Service Recipient.

10. SELLER, SERVICE PROVIDER – EXO SP. z o.o., entered into the National Court Register under number 0001048391 in the Register of Entrepreneurs maintained by the XII Commercial Division of the National Court Register in Rzeszów, place of business and correspondence address: ul. Stanisława Trembeckiego 11, 35-234 Rzeszów, Poland, VAT ID: 8133901249, REGON: 525895186, e-mail address: sklep@m-pole.pl, phone number: +48 791 870 977.

11. SERVICE RECIPIENT – a natural person, legal person, or organisational unit without legal personality to which the law grants legal capacity, using the Electronic Service.

12. CUSTOMER – a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.

13. CONSUMER – a natural person performing a legal act with an entrepreneur not directly related to their business or professional activity.

14. ENTREPRENEUR – a natural person, legal person, or organisational unit without legal personality, conducting business or professional activity in their own name.

15. PRODUCT – a movable item or service available in the Store, being the subject of a Sales Agreement between the Customer and the Seller.

16. SALES AGREEMENT – a Product Sales Agreement concluded between the Customer and the Seller via the Store.

17. ORDER – a declaration of intent by the Customer constituting an offer to conclude a Product Sales Agreement with the Seller.

18. PRICE – the value expressed in monetary units that the Customer is obliged to pay the Seller for the Product.

 

§ 3

INFORMATION ABOUT PRODUCTS AND ORDERING

1. The www.m-poledance.pl Store sells Products via the Internet.

2. The Products offered in the Store are new or used, compliant with the agreement, and have been legally introduced to the Polish market.

3. The information available on the Store’s website does not constitute an offer within the meaning of applicable law. By placing an Order, the Customer submits an offer to purchase a specific Product under the conditions specified in its description.

4. The Product price displayed on the Store’s website is given in Polish zloty (PLN) or euro (EUR) and includes all components, including VAT. The price does not include delivery costs.

5. The Product price displayed on the Store’s website is binding at the moment the Customer places the Order. This price shall not change regardless of price changes in the Store that may occur in relation to individual Products after the Customer places the Order.

6. The Seller clearly informs Customers about unit Prices as well as Product promotions and discounts. Alongside information about a Product discount, the Seller displays the lowest Price of the Product that was valid within 30 days before the discount was introduced, and if the Product has been offered for sale for less than 30 days – the Seller displays the lowest Price of the Product that was valid from the date the Product started being offered for sale until the date the discount was introduced.

7. Orders may be placed:

6.1 via the website using the Order Form (Store www.m-poledance.pl) – 24 hours a day, all year round,

6.2 via e-mail at: sklep@m-pole.pl

6.3 by phone at: +48 791 870 977.

8. To place an Order, the Customer is not required to register an Account in the Store.

9. The condition for placing an Order in the Store by the Customer is reading and accepting these Terms and Conditions during the ordering process.

10. The Store processes Orders placed from Monday to Friday during the Store’s working hours, i.e. from 7:00 a.m. to 3:00 p.m. on business days. Orders placed on business days after 12:00 p.m., on Saturdays, Sundays, and public holidays will be processed on the next business day.

11. Products on promotion (sale) are available in limited quantities and Orders for them will be processed according to the order in which they are received until stocks of the given Product are exhausted.

 

§ 4

CONCLUSION OF THE SALES AGREEMENT

1. In order to conclude a Sales Agreement, the Customer must first place an Order using the methods made available by the Seller in accordance with § 3 points 7 and 9 of these Terms and Conditions.

2. After placing an Order, the Seller shall immediately confirm its receipt.

3. The confirmation of receipt of the Order referred to in point 2 of this paragraph binds the Customer to their Order. Confirmation of receipt of the Order is made by sending an e-mail message.

4. The confirmation of receipt of the Order includes:

4.1. confirmation of all essential elements of the Order,

4.2. a withdrawal form,

4.3. these Terms and Conditions containing information about the right of withdrawal.

5. Upon receipt by the Customer of the e-mail referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.

6. Each Sales Agreement shall be confirmed by a proof of purchase (receipt or VAT invoice), which will be attached to the Product and/or sent electronically to the Customer’s e-mail address provided in the Order Form.

 

§ 5

PAYMENT METHODS

1. The Seller provides the following payment methods:

1.1. payment by traditional bank transfer to the Seller’s bank account,

1.2. payment via electronic payment systems (Przelewy24.pl, PayU.pl, PayPal.com),

1.3. cash on delivery payment to the carrier.

2. In the case of payment by traditional bank transfer, payment should be made to the following bank account number:

PL 32 1140 2004 0000 3802 8394 3227 (PL) (MBank S.A.)

PL 06 1140 2004 0000 3912 2044 3532 (EUR)

EXO SP. z o.o., RZESZÓW 35-213, ul. DĘBICKA 265, VAT ID 8133901249. The transfer title should include “Order no. …”.

3. In the case of payment via electronic payment systems, the Customer makes the payment before the Order processing begins. The electronic payment system allows payments by credit card or fast bank transfer from selected Polish and foreign banks.

4. In the case of cash on delivery payment, the shipment is sent after verification of the correctness of the address details. The Customer is obliged to pay for the Order and collect the Product from the carrier.

5. The Customer is obliged to pay the price under the Sales Agreement within 7 business days from the date of its conclusion, unless the Sales Agreement provides otherwise.

6. If the payment methods described in points 1.1 and 1.2 of this paragraph are selected, the Product will be shipped only after payment has been received.

 

§ 6

COST, DELIVERY TIME AND DELIVERY METHODS OF THE PRODUCT

1. The delivery costs of the Product, borne by the Customer, are determined during the Order placement process and depend on the selected payment method and delivery method of the purchased Product.

2. The delivery time of the Product consists of the time required for completing and packing the Product and the delivery time provided by the carrier:

2.1. the time required for completing, preparing and packing Products for shipment is from 1 to 8 business days, while in the case of custom-made Products or Products manufactured by the Seller, this period may be up to 30 business days from the moment of:

a) crediting the funds paid under the Sales Agreement to the Seller’s bank account

b) or positive authorisation of the transaction by the electronic payment system

c) or acceptance of the Order for processing by the Seller in the case of cash on delivery payment,

2.2. delivery of Products constituting movable goods by the carrier takes place within the time declared by the carrier, i.e. from 3 to 10 business days from the moment the shipment is dispatched (depending on the delivery country).

3. Products purchased in the Store are shipped via parcel lockers, Orlen Paczka or courier companies (DHL, AMBRO, GLS, DPD, INPOST).

4. Products purchased in the Store may also be collected personally by the Customer after prior contact by e-mail or phone.

 

§ 7

PRODUCT COMPLAINTS

1. Complaint under warranty.

1.1. All Products offered in the Store are covered by the manufacturer’s warranty valid within the Republic of Poland,

1.2. the warranty period for Products is 12 months and is counted from the date the Product is delivered to the Customer,

1.3. the document entitling the Customer to warranty protection is the warranty card or proof of purchase,

1.4. the guarantor’s details, detailed information regarding Products covered by the warranty, information regarding the duration and conditions of the warranty, as well as the Customer’s rights under the warranty are included in the warranty card attached to the Product or made available on the Store’s website,

1.5. the warranty does not exclude the rights of the Consumer and the entity referred to in § 10 of these Terms and Conditions arising from non-conformity of the Product with the Sales Agreement, specified in the Consumer Rights Act, to which the Consumer and the entity referred to in § 10 are entitled by law.

2. Complaint regarding non-conformity of the Product with the agreement.

2.1. The basis and scope of the Seller’s liability towards the Customer who is a Consumer or an entity referred to in § 10 of these Terms and Conditions for non-conformity of the Product with the agreement are specified in the Consumer Rights Act of 30 May 2014,

2.2. If the Customer is an Entrepreneur, the parties exclude liability under warranty pursuant to Article 558 §1 of the Civil Code.

2.3. The Seller is liable towards the Customer who is a Consumer or an entity referred to in § 10 of these Terms and Conditions for non-conformity of the Product with the agreement existing at the moment of delivery of the Product and revealed within 2 years from that moment, unless the expiry date of the Product specified by the Seller or persons acting on their behalf is longer,

2.4. notification of non-conformity of the Product with the agreement and submission of the relevant claim may be made via e-mail to: sklep@m-pole.pl or in writing to the address: ul. Trembeckiego 11, 35-234 Rzeszów, Poland (this is also the address for returning complaint shipments).

2.5. The above written or electronic message should include as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and speed up the complaint handling process by the Seller,

2.6. For the purpose of assessing the irregularities and non-conformity of the Product with the agreement, the Consumer or the entity referred to in § 10 of these Terms and Conditions is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at their own expense,

2.7. The Seller shall respond to the Customer’s request immediately, no later than within 14 days from the date of receipt,

2.8. In the case of a complaint submitted by a Customer who is a Consumer or an entity referred to in § 10 of these Terms and Conditions – failure to process the complaint within 14 days from its submission is equivalent to accepting it,

2.9. The Customer may first request replacement or repair of the Product by the Seller. The Customer may request a price reduction or withdrawal from the agreement only in cases specified in the Consumer Rights Act of 30 May 2014 (including when the non-conformity of the goods with the agreement is significant, when the Seller refused to bring the goods into conformity with the agreement, or when the non-conformity of the goods with the agreement persists despite the Seller having already attempted to bring the goods into conformity with the agreement),

2.10. In connection with a justified complaint submitted by a Customer who is a Consumer or an entity referred to in § 10 of these Terms and Conditions, the Seller shall accordingly:

a) cover the costs of repair or replacement and re-delivery of the Product to the Customer,

b) reduce the price of the Product (the reduced price must remain proportional to the price of goods compliant with the agreement in relation to goods non-compliant with the agreement) and return to the Consumer or the entity referred to in § 10 the value of the reduced price no later than within 14 days from receipt of the declaration of price reduction from the Consumer or the entity referred to in § 10,

c) in the event of withdrawal from the agreement by the Consumer or the entity referred to in § 10 – the Seller shall refund the Product price no later than within 14 days from the date of receipt of the returned goods or proof of their return. In the event of withdrawal from the agreement, the Consumer or the entity referred to in § 10 is obliged to immediately return the goods to the Seller at the Seller’s expense,

2.11. The response to the complaint is provided on paper or another durable medium, e.g. e-mail or SMS.

 

§ 8

RIGHT OF WITHDRAWAL FROM THE AGREEMENT

1. Subject to point 10 of this paragraph, a Customer who is also a Consumer or an entity referred to in § 10 of these Terms and Conditions, who has concluded a distance agreement, may withdraw from it without giving any reason by submitting an appropriate declaration within 14 days. To meet this deadline, it is sufficient to send the withdrawal form provided by the Store.

2. In the event of withdrawal from the agreement, the Sales Agreement shall be considered not concluded, and the Consumer or the entity referred to in § 10 of these Terms and Conditions is obliged to return the Product to the Seller or hand it over to a person authorised by the Seller to collect it immediately, but no later than within 14 days from the date on which they withdrew from the agreement, unless the Seller offered to collect the Product themselves. Returning the Product before the expiry of this period is sufficient to meet the deadline.

3. In the event of withdrawal from the Sales Agreement, the Product should be returned to the following address: ul. Trembeckiego 11, 35-234 Rzeszów, Poland.

4. The Consumer or the entity referred to in § 10 of these Terms and Conditions is liable for any reduction in the value of the Product resulting from using it in a manner exceeding what is necessary to determine the nature, characteristics, and functioning of the Product, unless the Seller failed to inform the Consumer or the entity referred to in § 10 about the method and deadline for exercising the right of withdrawal and did not provide them with a withdrawal form template. In order to determine the nature, characteristics, and functioning of the Products, the Consumer or the entity referred to in § 10 of these Terms and Conditions should handle and inspect the Products only in the same manner as they would be able to do in a stationary store.

5. Subject to points 6 and 8 of this paragraph, the Seller shall refund the value of the Product together with delivery costs using the same payment method used by the Consumer, unless the Consumer or the entity referred to in § 10 of these Terms and Conditions expressly agreed to another method of refund that does not involve any costs for them. Subject to point 7 of this paragraph, the refund shall be made immediately, no later than within 14 days from the date the Seller receives the declaration of withdrawal from the Sales Agreement.

6. If the Consumer or the entity referred to in § 10 of these Terms and Conditions selected a delivery method other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to reimburse the additional costs incurred by them.

7. If the Seller did not offer to collect the Product from the Consumer or the entity referred to in § 10 of these Terms and Conditions, the Seller may withhold the refund of payments received from the Consumer until the Product is returned or proof of its return is provided, depending on which event occurs first.

8. The Consumer or the entity referred to in § 10 of these Terms and Conditions withdrawing from the Sales Agreement in accordance with point 1 of this paragraph bears only the direct costs of returning the Product to the Seller.

9. The fourteen-day period within which the Consumer or the entity referred to in § 10 of these Terms and Conditions may withdraw from the agreement shall be counted:

9.1. for an agreement under which the Seller delivers the Product and is obliged to transfer its ownership – from the date on which the Consumer or the entity referred to in § 10 of these Terms and Conditions (or a third party indicated by them other than the carrier) took possession of the Product,

9.2. for an agreement covering multiple Products delivered separately, in batches or in parts – from taking possession of the last Product, batch or part,

9.3. for an agreement involving regular delivery of a Product for a specified period – from taking possession of the first Product,

9.4. for other agreements – from the date of conclusion of the agreement.

10. The right of withdrawal from a distance agreement does not apply to the Consumer or the entity referred to in § 10 of these Terms and Conditions in the case of Sales Agreements:

10.1 where the subject of the service is a non-prefabricated item manufactured according to the consumer’s specifications or intended to satisfy their individual needs,

10.2 where the subject of the service is goods delivered in sealed packaging which cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery,

10.3 where the subject of the service is goods which, after delivery, due to their nature, become inseparably combined with other items,

10.4 for the provision of services for which the Consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the Consumer’s express and prior consent, who was informed before the performance began that after the entrepreneur’s performance they would lose the right of withdrawal from the agreement and acknowledged this,

10.5 where the subject of the service is goods that deteriorate quickly or have a short shelf life.

11. The right to withdraw from the Sales Agreement is granted to both the Seller and the Customer in the event that the other party fails to fulfil their obligation within the strictly specified time limit.

 

§ 9

PROVISIONS CONCERNING ENTREPRENEURS (B2B)

1. This paragraph contains provisions concerning only entrepreneurs not covered by the protection resulting from the Consumer Rights Act referred to in § 10 of these Terms and Conditions.

2. The Customer who is not a Consumer is not entitled to withdraw from the Sales Agreement.

3. The Seller has the right to limit the payment methods available to Customers who are not Consumers, including requiring prepayment of part or the entire sales price regardless of the payment method selected by the Customer and regardless of the conclusion of the Sales Agreement.

4. The benefits and burdens related to the Product, as well as the risk of accidental loss or damage to the Product, pass to the Customer who is not a Consumer at the moment the Seller hands over the Product to the carrier. In such a case, the Seller shall not be liable for any loss, shortage or damage to the Product arising from the moment the Product is accepted for transport until it is delivered to the Customer, nor for delays in transport.

5. If the Product is sent to the Customer via a carrier, the Customer who is not a Consumer is obliged to inspect the shipment at the time and in the manner customary for shipments of this type. If they determine that the Product was damaged or lost during transport, they are obliged to take all actions necessary to establish the carrier’s liability.

6. The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without stating reasons by sending the Service Recipient who is not a Consumer a declaration of termination.

7. The Seller shall not be liable towards the Customer who is not a Consumer for any damages, including loss of profits, unless the damage was caused intentionally by the Seller.

 

§ 10

PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS

1. An entrepreneur conducting sole proprietorship business activity (this paragraph does not apply to commercial companies) is covered by the protection provided for in the Consumer Rights Act, provided that the agreement concluded with the Seller is directly related to their business activity, but it follows from the content of the agreement that it is not of a professional nature for them, resulting in particular from the scope of their business activity.

2. A person conducting business activity referred to in point 1 of this paragraph is covered by protection only in the scope of:

2.1. prohibited contractual provisions,

2.2. liability for non-conformity of the Product with the agreement,

2.3. the right to withdraw from a distance agreement,

2.4. rules concerning agreements for the supply of digital content or digital services.

3. The entrepreneur referred to in point 1 of this paragraph loses the rights resulting from consumer protection if the Sales Agreement concluded with the Seller is of a professional nature, which is verified on the basis of the entrepreneur’s entry in the Central Registration and Information on Business of the Republic of Poland, in particular the Polish Classification of Activities (PKD) codes indicated there.

4. Entrepreneurs referred to in point 1 of this paragraph are not covered by the institutional protection provided for Consumers by district consumer ombudsmen or the President of the Office of Competition and Consumer Protection (UOKiK).

 

§ 11

TYPE AND SCOPE OF ELECTRONIC SERVICES

1. The Service Provider enables the use of Electronic Services via the Store such as:

1.1. concluding Product Sales Agreements,

1.2. maintaining an Account in the Store,

1.3. Review System,

1.4. Newsletter,

1.5. sending messages via Chat.

2. The provision of Electronic Services to Service Recipients in the Store takes place under the conditions specified in these Terms and Conditions.

3. The Service Provider has the right to place advertising content on the Store’s website. Such content constitutes an integral part of the Store and the materials presented therein.

 

§ 12

CONDITIONS FOR PROVIDING AND CONCLUDING AGREEMENTS FOR ELECTRONIC SERVICES

1. The provision of Electronic Services specified in § 11 point 1 of these Terms and Conditions by the Service Provider is free of charge.

2. The period for which the agreement is concluded:

2.1. the agreement for the provision of an Electronic Service consisting of enabling the placement of Orders in the Store is concluded for a fixed period and is terminated upon placing the Order or discontinuing its placement by the Service Recipient,

2.2. the agreement for the provision of an Electronic Service consisting of maintaining an Account in the Store is concluded for an indefinite period. The agreement is concluded upon the Service Recipient sending the completed Registration Form,

2.3. the agreement for the provision of an Electronic Service consisting of using the Review System is concluded for a fixed period and is terminated upon posting the review or discontinuing the use of this Service by the Service Recipient,

2.4. the agreement for the provision of an Electronic Service consisting of using the Newsletter is concluded for an indefinite period,

2.5. the agreement for the provision of an Electronic Service consisting of enabling messages to be sent to the Service Provider via Chat is concluded for a fixed period and is terminated upon sending the message or discontinuing its sending by the Service Recipient.

3. Technical requirements necessary to cooperate with the ICT system used by the Service Provider:

3.1. a computer (or mobile device) with Internet access,

3.2. access to e-mail,

3.3. a web browser,

3.4. enabling Cookies and JavaScript in the web browser.

4. The Service Recipient is obliged to use the Store in a manner consistent with the law and good practices, respecting the personal rights and intellectual property rights of third parties.

5. The Service Recipient is obliged to provide data consistent with the actual state of affairs.

6. The Service Recipient is prohibited from providing unlawful content.

 

§ 13

COMPLAINTS RELATED TO ELECTRONIC SERVICES

1. Complaints related to the provision of Electronic Services via the Store may be submitted by the Service Recipient via e-mail to: sklep@m-pole.pl

2. The above e-mail message should include as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and speed up the complaint handling process by the Service Provider.

3. The complaint shall be considered by the Service Provider immediately, no later than within 14 days from the date of submission.

4. The Service Provider’s response to the complaint shall be sent to the Service Recipient’s e-mail address provided in the complaint or in another manner specified by the Service Recipient.

 

§ 14

CONDITIONS FOR TERMINATING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES

1. Termination of an agreement for the provision of Electronic Services:

1.1. an agreement for the provision of continuous and indefinite Electronic Services (maintaining an Account, Newsletter) may be terminated,

1.2. the Service Recipient may terminate the agreement with immediate effect and without stating reasons by sending an appropriate declaration via e-mail to: sklep@m-pole.pl or by deleting the Account,

1.3. the Service Provider may terminate an agreement for the provision of continuous and indefinite Electronic Services if the Service Recipient violates these Terms and Conditions, in particular by providing unlawful content, after a prior ineffective request to cease the violations within an appropriate period. In such a case, the agreement expires after 7 days from the date of submitting the declaration of termination (notice period),

1.4. termination results in the termination of the legal relationship with future effect.

2. The Service Provider and the Service Recipient may terminate the agreement for the provision of Electronic Services at any time by mutual agreement of the parties.

 

§ 15

INTELLECTUAL PROPERTY

1. All content posted on the website at www.m-poledance.pl is protected by copyright law and (subject to § 15 point 3 and elements posted by Service Recipients used under licence, transfer of economic copyright or permitted use) is owned by Martyna Miłek conducting business activity under the name M-POLE MARTYNA MIŁEK entered into the Central Registration and Information on Business of the Republic of Poland maintained by the minister responsible for economy, place of business and correspondence address: ul. Stanisława Trembeckiego 11, 35-234 Rzeszów, Poland, VAT ID: 5170122650, REGON: 181123914. The Service Recipient bears full liability for damage caused to the Service Provider resulting from the use of any content from www.m-poledance.pl without the consent of the Service Provider.

2. Any use by anyone, without the express written consent of the Service Provider, of any element constituting the content and materials of the website www.m-poledance.pl constitutes an infringement of the copyright held by the Service Provider and results in civil and criminal liability.

3. All trade names, Product names, company names and their logos used on the Store’s website at www.m-poledance.pl belong to their respective owners and are used solely for identification purposes. They may constitute registered trademarks. All materials, descriptions and photos presented on the Store’s website at www.m-poledance.pl are used for informational purposes.

 

 

 

 

 

§ 16

FINAL PROVISIONS

 

1. Agreements concluded via the Store are concluded in accordance with Polish law. The choice of Polish law does not deprive the Consumer of the higher level of protection that would be provided by the law applicable in the country of their habitual residence.

2. In the case of Service Recipients who are Consumers and are not simultaneously Polish citizens, the law more favourable to them shall always apply.

3. If any part of these Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law shall apply instead of the contested provision of the Terms and Conditions.

4. Any disputes arising from Sales Agreements between the Store and Customers shall first be resolved through negotiations, with the intention of amicably settling the dispute, taking into account the Act on Out-of-Court Resolution of Consumer Disputes. However, if this is not possible or would be unsatisfactory for either party, disputes shall be resolved by the competent common court in accordance with point 5 of this paragraph.

5. Judicial dispute resolution:

5.1. any disputes arising between the Service Provider and the Service Recipient (Customer) who is simultaneously a Consumer or an entity referred to in § 10 of these Terms and Conditions shall be submitted to courts competent in accordance with the provisions of the Code of Civil Procedure Act of 17 November 1964,

5.2. any disputes arising between the Service Provider and the Service Recipient (Customer) who is not simultaneously a Consumer referred to in § 9 of these Terms and Conditions shall be submitted to the court competent for the registered office of the Service Provider.

6. A Customer who is a Consumer also has the right to use out-of-court methods of dispute resolution, in particular by submitting, after completion of the complaint procedure, an application to initiate mediation or an application for consideration of the case by an arbitration court (the application may be downloaded from: http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating at Provincial Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also use free assistance from the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection. Out-of-court pursuit of claims after completion of the complaint procedure is free of charge.

7. In order to amicably resolve a dispute, the Consumer may in particular submit a complaint via the ODR (Online Dispute Resolution) internet platform available at: http://ec.europa.eu/consumers/odr/.